Inheritance Rights of Adopted Children

Posted on March 6, 2012 Updated on March 28, 2013

The inheritance rights of adopted children are protected when a parent dies without a will. Under the Texas Probate Code, a child adopted by the decedent is treated the same as a natural-born child. Therefore, the adopted child can inherit from his or her adopted parents and vice versa.

If the decedent allowed their child to be adopted, the child can still inherit from his or her natural parents.  However, the natural parents cannot inherit from the child if the child dies without a will. This is an important consideration today when so many children are adopted.

Furthermore, under Section 162.507 of the Family Code, a person who is adopted as an adult, inherits from their adoptive parents but not their biological parents and vice versa.